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HomeMy WebLinkAbout8.2 Attch 7 PC Reso to CC for Final Supp EIR RESOLUTION NO. 14-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL CERTIFICATION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF ENVIRONMENTAL FINDINGS UNDER CEQA FOR THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct six residential neighborhoods with 372 units in multiple buildings and a complementary commercial district with approximately 37,000 square feet of future retail and restaurant buildings with associated outdoor seating areas on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Project Site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereinafter "Eastern Dublin EIR" or "program EIR"), which is available for review in the Planning Division and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin, including the Project Site; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93, incorporated herein by reference), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin, including the Project; and WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA (Resolution 53-93); and 1 ATTACHMENT 7 WHEREAS, the City prepared an Initial Study dated July 11, 2013 ("Initial Study") for the Project consistent with Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163 in order to determine if a supplement to the Eastern Dublin EIR was required under CEQA standards. The Initial Study determined that a supplement to the Eastern Dublin EIR would be prepared to address certain environmental impacts of the Project. The Initial Study also concluded that many of the environmental impacts of the Project were within the scope of the Eastern Dublin EIR and that the certified Eastern Dublin EIR adequately described and analyzed these impacts for CEQA purposes; and WHEREAS, the City circulated a Notice of Preparation, dated July 12, 2013, to public agencies and interested parties for consultation on the scope of the EIR. The City also conducted a public scoping meeting on July 30, 2013; and WHEREAS, the City prepared a Draft Supplemental Environmental Impact Report (Draft SEIR) dated May 2014 for the proposed Project that reflected the City's independent judgment and analysis of the potential environmental impacts of the Project. The Draft SEIR is attached as Exhibit A to this Resolution and is incorporated herein by reference; and WHEREAS, the Draft SEIR was circulated for public review from May 7, 2014 to June 3, 2014 (45 days); and WHEREAS, the City received six comment letters from State, regional, and local agencies and interested parties during the public review period. In accordance with the requirements of CEQA, the City prepared written responses to all the comments received during the public comment period. The City prepared a Final SEIR (that includes the Responses to Comments), dated August 2014, for the proposed Project, which included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the Draft EIR. The Final EIR is attached as Exhibit B to this Resolution and is incorporated herein by reference. The complete The Green Mixed Use Project SEIR incorporates the Draft SEIR and the Final SEIR together. The responses to comments provide the City's good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, the City carefully reviewed the comments and written responses and determined that the Final SEIR, including the clarifications and minor corrections to the Draft SEIR, do not constitute significant new information requiring recirculation of the Draft SEIR under the standards in CEQA Guidelines section 15088.5; and WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference, described and analyzed the Project for the Planning Commission and contained information on the Final SEIR; and WHEREAS, the Planning Commission reviewed the Staff Report, the Final SEIR, including comments and responses, and certified Eastern Dublin EIR at a noticed public hearing on August 26, 2014 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Final SEIR, including comments and responses, reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project; and 2 WHEREAS, the Final SEIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures. Approval of the project by the City Council will therefore require adoption of findings on impacts and mitigations and a Mitigation Monitoring and Reporting Program; and WHEREAS, the Final SEIR identified significant and unavoidable environmental impacts of the project and approval of the project by the City Council will therefore require adoption of Findings and a Statement of Overriding Considerations; and WHEREAS, the Final SEIR, Eastern Dublin EIR and all of the documents relating to the Project are available for review in the City Planning Division at the Dublin City Hall, file PLPA- 2013-00013, during normal business hours. The location and custodian of the Final SEIR and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file PLPA-2012- 00031. NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin Planning Commission hereby makes the following findings and recommendations to the City Council on the Final SEIR and the environmental review of the Project under CEQA: A. The foregoing recitals are true and correct and made a part of this resolution. B. The Final SEIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. C. The Planning Commission has independently reviewed and considered the information contained in the Final SEIR, including the written comments received during the Draft SEIR review period and the oral and written comments received at the public hearing, prior to making its recommendation on the proposed Project. D. The Final SEIR reflects the City's independent judgment and analysis on the potential environmental impacts of the proposed Project. The Final SEIR provides information to the decision-makers and the public on the environmental consequences of the proposed P roject. E. The Final SEIR adequately describes the proposed Project, its significant environmental impacts, mitigation measures and a reasonable range of alternatives to the proposed Project. BE IT FURTHER RESOLVED the Dublin Planning Commission hereby recommends that, prior to the approval of the Project, the City Council certify the Final Supplemental Environmental Impact Report as complete, adequate and in compliance with CEQA, the CEQA Guidelines, and the City of Dublin Environmental Guidelines. The Planning Commission further recommends that the City Council make all required, mitigation and alternatives findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program, all in compliance with the requirements of CEQA. 3 PASSED, APPROVED, AND ADOPTED this 26th day of August 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPA120131PLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.140tt 7-PC Reso FSEIR.docx 4